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Former Twp. Official Innocent on Lewdness Charge, Judge Finds

Scott Kintzing, the former West Deptford Planning Board chairman, was accused of lewdness in connection with an October 2012 incident at Oakview Elementary School.

Former Twp. Official Innocent on Lewdness Charge, Judge Finds

A municipal court judge on Wednesday found former West Deptford Planning Board Chairman Scott Kintzing not guilty of lewdness.

The verdict ended an embarrassing chapter in the well-known community member's life. 

Kintzing was accused of exposing his buttocks to a female custodian outside Oakview Elementary School on the night of  October 23, 2012, as he changed out of his gym clothes following a men's basketball league game inside the school's gymnasium. The incident was captured by a school security camera. 

Following a two-hour, non-jury trial, Maurice River Township Municipal Court Judge John A. Casarow Jr. found that the prosecution failed to prove beyond a reasonable doubt that Kintzing's actions were intended to be lewd. 

"I do not think embarrassing acts by themselves are sufficient to constitute lewdness," Casarow said in rendering his verdict. 

The case was transferred to the rural Cumberland County town from West Deptford to avoid any potential conflict. 

If convicted of lewdness, Kintzing faced a maximum sentence of six months in jail and a $1,000 fine. 

Kintzing said after the trial that he hoped to apologize to the custodian, Amy Mitchell, for the incident. Mitchell testified during the trial that she had been schocked to see a man undressing behind the school when she went outside after she saw a car's headlights at the back of the building. 

"It's not a crime to change your clothes," said Kintzing's attorney, Jeffrey Puff of Woodbury. "This woman may be offended, but that's not in the statute."

Kintzing testified that he was changing behind the school after playing basketball because he was in a hurry to get to a charity function at Adelphia Restaurant in Deptford. He said he didn't expect anyone to see him in the dark, secluded spot behind the school. 

Kintzing said he wasn't completely naked when confronted by Mitchell, and that he was wearing either underwear or an athletic supporter. 

Video footage of the incident, which Casarow viewed during the trial, does not clearly show whether Kintzing was naked. 

After the incident, Mitchell did not immediately call police. Instead, the next day, she reported it to her union representative, who notified a superior. 

Municipal Prosecutor Edward Duffy said Mitchell "is not a villain" for coming foward. "She is an individual who was working, doing her job, when this occurred."

Kintzing said after the trial he was glad to be vindicated. 

"It's just not fair you have to go through all the aggravation when you know you didn't do anything wrong."

Kintzing, 60, is a banker who held executive positions at The Bank (now Fulton Bank) in Woobury and Mount Laurel-based Cornerstone Bank. He also is a member of the  Rowan University Foundation Board of Directors.

Kintzing served on West Deptford's planning board for more than three decades until Mayor Raymond Chintall declined to recommend his reappointment in January. Chintall said at the time his decision wasn't related to the charge against Kintzing. 

On Wednesday, more than 50 of Kintzing's family members and friends packed the courtroom gallery, and several testified as character witnesses on his behalf. 

Among them were former Philadelphia Eagles quarterback Ron Jaworski—who now operates the golf course at RiverWinds—and former West Deptford Mayor David Shields.

Jaworski said from the witness stand that he's known Kintzing for nearly 30 years, and "it's almost mind boggling that I have to sit here and testify to his character."

When the judge delivered his verdict, Kintzing's family and friends burst into applause. 

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